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What Is the Tenancy in Common 1031 Exchange? A Tenants in Common 1031 exchange ? also called Tenancy in Common ? is a co-ownership agreement under which two to 35 investors pool their funds and agree to own one joint property purchased through the 1031 exchange process.
The Problems with This Kind of Joint Tenancy Joint and Several Liability. Every Co-owner Has the Same Ownership Rights. No Direct Right of Survivorship. Tenants in Common Are Free to Resell Their Portion. Do Your Research About Every Co-owner Before Entering into an Agreement. Use a Well-drafted Agreement.
Contents Establishing the relationship between the parties. Determining the ownership percentage. Drafting the joint ownership agreement. Identifying the parties involved. Outlining the rights and obligations of each party. Defining the ownership structure. Creating a dispute resolution process.
If you are tenants in common, your Title Register Document will contain the following, or similar, phrase: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
These are sometimes referred to as joint interest or interest in common in relation to real property. A tenancy in common agreement can be an important estate planning tool.